Bill Amendment: IL SB1426 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EDUCATION-TECH
Status: 2019-01-09 - Session Sine Die [SB1426 Detail]
Download: Illinois-2017-SB1426-Senate_Amendment_001.html
Bill Title: EDUCATION-TECH
Status: 2019-01-09 - Session Sine Die [SB1426 Detail]
Download: Illinois-2017-SB1426-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO SENATE BILL 1426
| ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 1426 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The School Code is amended by changing Section | ||||||
| 5 | 11E-135 as follows:
| ||||||
| 6 | (105 ILCS 5/11E-135) | ||||||
| 7 | Sec. 11E-135. Incentives. For districts reorganizing under | ||||||
| 8 | this Article and for a district or districts that annex all of | ||||||
| 9 | the territory of one or more entire other school districts in | ||||||
| 10 | accordance with Article 7 of this Code, the following payments | ||||||
| 11 | shall be made from appropriations made for these purposes: | ||||||
| 12 | (a)(1) For a combined school district, as defined in | ||||||
| 13 | Section 11E-20 of this Code, or for a unit district, as defined | ||||||
| 14 | in Section 11E-25 of this Code, for its first year of | ||||||
| 15 | existence, the general State aid and supplemental general State | ||||||
| 16 | aid calculated under Section 18-8.05 of this Code shall be | ||||||
| |||||||
| |||||||
| 1 | computed for the new district and for the previously existing | ||||||
| 2 | districts for which property is totally included within the new | ||||||
| 3 | district. If the computation on the basis of the previously | ||||||
| 4 | existing districts is greater, a supplementary payment equal to | ||||||
| 5 | the difference shall be made for the first 4 years of existence | ||||||
| 6 | of the new district. | ||||||
| 7 | (2) For a school district that annexes all of the territory | ||||||
| 8 | of one or more entire other school districts as defined in | ||||||
| 9 | Article 7 of this Code, for the first year during which the | ||||||
| 10 | change of boundaries attributable to the annexation becomes | ||||||
| 11 | effective for all purposes, as determined under Section 7-9 of | ||||||
| 12 | this Code, the general State aid and supplemental general State | ||||||
| 13 | aid calculated under Section 18-8.05 of this Code shall be | ||||||
| 14 | computed for the annexing district as constituted after the | ||||||
| 15 | annexation and for the annexing and each annexed district as | ||||||
| 16 | constituted prior to the annexation; and if the computation on | ||||||
| 17 | the basis of the annexing and annexed districts as constituted | ||||||
| 18 | prior to the annexation is greater, then a supplementary | ||||||
| 19 | payment equal to the difference shall be made for the first 4 | ||||||
| 20 | years of existence of the annexing school district as | ||||||
| 21 | constituted upon the annexation. | ||||||
| 22 | (3) For 2 or more school districts that annex all of the | ||||||
| 23 | territory of one or more entire other school districts, as | ||||||
| 24 | defined in Article 7 of this Code, for the first year during | ||||||
| 25 | which the change of boundaries attributable to the annexation | ||||||
| 26 | becomes effective for all purposes, as determined under Section | ||||||
| |||||||
| |||||||
| 1 | 7-9 of this Code, the general State aid and supplemental | ||||||
| 2 | general State aid calculated under Section 18-8.05 of this Code | ||||||
| 3 | shall be computed for each annexing district as constituted | ||||||
| 4 | after the annexation and for each annexing and annexed district | ||||||
| 5 | as constituted prior to the annexation; and if the aggregate of | ||||||
| 6 | the general State aid and supplemental general State aid as so | ||||||
| 7 | computed for the annexing districts as constituted after the | ||||||
| 8 | annexation is less than the aggregate of the general State aid | ||||||
| 9 | and supplemental general State aid as so computed for the | ||||||
| 10 | annexing and annexed districts, as constituted prior to the | ||||||
| 11 | annexation, then a supplementary payment equal to the | ||||||
| 12 | difference shall be made and allocated between or among the | ||||||
| 13 | annexing districts, as constituted upon the annexation, for the | ||||||
| 14 | first 4 years of their existence. The total difference payment | ||||||
| 15 | shall be allocated between or among the annexing districts in | ||||||
| 16 | the same ratio as the pupil enrollment from that portion of the | ||||||
| 17 | annexed district or districts that is annexed to each annexing | ||||||
| 18 | district bears to the total pupil enrollment from the entire | ||||||
| 19 | annexed district or districts, as such pupil enrollment is | ||||||
| 20 | determined for the school year last ending prior to the date | ||||||
| 21 | when the change of boundaries attributable to the annexation | ||||||
| 22 | becomes effective for all purposes. The amount of the total | ||||||
| 23 | difference payment and the amount thereof to be allocated to | ||||||
| 24 | the annexing districts shall be computed by the State Board of | ||||||
| 25 | Education on the basis of pupil enrollment and other data that | ||||||
| 26 | shall be certified to the State Board of Education, on forms | ||||||
| |||||||
| |||||||
| 1 | that it shall provide for that purpose, by the regional | ||||||
| 2 | superintendent of schools for each educational service region | ||||||
| 3 | in which the annexing and annexed districts are located. | ||||||
| 4 | (4) For a school district conversion, as defined in Section | ||||||
| 5 | 11E-15 of this Code, or a multi-unit conversion, as defined in | ||||||
| 6 | subsection (b) of Section 11E-30 of this Code, if in their | ||||||
| 7 | first year of existence the newly created elementary districts | ||||||
| 8 | and the newly created high school district, from a school | ||||||
| 9 | district conversion, or the newly created elementary district | ||||||
| 10 | or districts and newly created combined high school - unit | ||||||
| 11 | district, from a multi-unit conversion, qualify for less | ||||||
| 12 | general State aid under Section 18-8.05 of this Code than would | ||||||
| 13 | have been payable under Section 18-8.05 for that same year to | ||||||
| 14 | the previously existing districts, then a supplementary | ||||||
| 15 | payment equal to that difference shall be made for the first 4 | ||||||
| 16 | years of existence of the newly created districts. The | ||||||
| 17 | aggregate amount of each supplementary payment shall be | ||||||
| 18 | allocated among the newly created districts in the proportion | ||||||
| 19 | that the deemed pupil enrollment in each district during its | ||||||
| 20 | first year of existence bears to the actual aggregate pupil | ||||||
| 21 | enrollment in all of the districts during their first year of | ||||||
| 22 | existence. For purposes of each allocation: | ||||||
| 23 | (A) the deemed pupil enrollment of the newly created | ||||||
| 24 | high school district from a school district conversion | ||||||
| 25 | shall be an amount equal to its actual pupil enrollment for | ||||||
| 26 | its first year of existence multiplied by 1.25; | ||||||
| |||||||
| |||||||
| 1 | (B) the deemed pupil enrollment of each newly created | ||||||
| 2 | elementary district from a school district conversion | ||||||
| 3 | shall be an amount equal to its actual pupil enrollment for | ||||||
| 4 | its first year of existence reduced by an amount equal to | ||||||
| 5 | the product obtained when the amount by which the newly | ||||||
| 6 | created high school district's deemed pupil enrollment | ||||||
| 7 | exceeds its actual pupil enrollment for its first year of | ||||||
| 8 | existence is multiplied by a fraction, the numerator of | ||||||
| 9 | which is the actual pupil enrollment of the newly created | ||||||
| 10 | elementary district for its first year of existence and the | ||||||
| 11 | denominator of which is the actual aggregate pupil | ||||||
| 12 | enrollment of all of the newly created elementary districts | ||||||
| 13 | for their first year of existence; | ||||||
| 14 | (C) the deemed high school pupil enrollment of the | ||||||
| 15 | newly created combined high school - unit district from a | ||||||
| 16 | multi-unit conversion shall be an amount equal to its | ||||||
| 17 | actual grades 9 through 12 pupil enrollment for its first | ||||||
| 18 | year of existence multiplied by 1.25; and | ||||||
| 19 | (D) the deemed elementary pupil enrollment of each | ||||||
| 20 | newly created district from a multi-unit conversion shall | ||||||
| 21 | be an amount equal to each district's actual grade K | ||||||
| 22 | through 8 pupil enrollment for its first year of existence, | ||||||
| 23 | reduced by an amount equal to the product obtained when the | ||||||
| 24 | amount by which the newly created combined high school - | ||||||
| 25 | unit district's deemed high school pupil enrollment | ||||||
| 26 | exceeds its actual grade 9 through 12 pupil enrollment for | ||||||
| |||||||
| |||||||
| 1 | its first year of existence is multiplied by a fraction, | ||||||
| 2 | the numerator of which is the actual grade K through 8 | ||||||
| 3 | pupil enrollment of each newly created district for its | ||||||
| 4 | first year of existence and the denominator of which is the | ||||||
| 5 | actual aggregate grade K through 8 pupil enrollment of all | ||||||
| 6 | such newly created districts for their first year of | ||||||
| 7 | existence. | ||||||
| 8 |
The aggregate amount of each supplementary payment under | ||||||
| 9 | this subdivision (4) and the amount thereof to be allocated to | ||||||
| 10 | the newly created districts shall be computed by the State | ||||||
| 11 | Board of Education on the basis of pupil enrollment and other | ||||||
| 12 | data, which shall be certified to the State Board of Education, | ||||||
| 13 | on forms that it shall provide for that purpose, by the | ||||||
| 14 | regional superintendent of schools for each educational | ||||||
| 15 | service region in which the newly created districts are | ||||||
| 16 | located.
| ||||||
| 17 | (5) For a partial elementary unit district, as defined in | ||||||
| 18 | subsection (a) or (c) of Section 11E-30 of this Code, if, in | ||||||
| 19 | the first year of existence, the newly created partial | ||||||
| 20 | elementary unit district qualifies for less general State aid | ||||||
| 21 | and supplemental general State aid under Section 18-8.05 of | ||||||
| 22 | this Code than would have been payable under that Section for | ||||||
| 23 | that same year to the previously existing districts that formed | ||||||
| 24 | the partial elementary unit district, then a supplementary | ||||||
| 25 | payment equal to that difference shall be made to the partial | ||||||
| 26 | elementary unit district for the first 4 years of existence of | ||||||
| |||||||
| |||||||
| 1 | that newly created district. | ||||||
| 2 | (6) For an elementary opt-in, as described in subsection | ||||||
| 3 | (d) of Section 11E-30 of this Code, the general State aid | ||||||
| 4 | difference shall be computed in accordance with paragraph (5) | ||||||
| 5 | of this subsection (a) as if the elementary opt-in was included | ||||||
| 6 | in an optional elementary unit district at the optional | ||||||
| 7 | elementary unit district's original effective date. If the | ||||||
| 8 | calculation in this paragraph (6) is less than that calculated | ||||||
| 9 | in paragraph (5) of this subsection (a) at the optional | ||||||
| 10 | elementary unit district's original effective date, then no | ||||||
| 11 | adjustments may be made. If the calculation in this paragraph | ||||||
| 12 | (6) is more than that calculated in paragraph (5) of this | ||||||
| 13 | subsection (a) at the optional elementary unit district's | ||||||
| 14 | original effective date, then the excess must be paid as | ||||||
| 15 | follows: | ||||||
| 16 | (A) If the effective date for the elementary opt-in is | ||||||
| 17 | one year after the effective date for the optional | ||||||
| 18 | elementary unit district, 100% of the calculated excess | ||||||
| 19 | shall be paid to the optional elementary unit district in | ||||||
| 20 | each of the first 4 years after the effective date of the | ||||||
| 21 | elementary opt-in. | ||||||
| 22 | (B) If the effective date for the elementary opt-in is | ||||||
| 23 | 2 years after the effective date for the optional | ||||||
| 24 | elementary unit district, 75% of the calculated excess | ||||||
| 25 | shall be paid to the optional elementary unit district in | ||||||
| 26 | each of the first 4 years after the effective date of the | ||||||
| |||||||
| |||||||
| 1 | elementary opt-in. | ||||||
| 2 | (C) If the effective date for the elementary opt-in is | ||||||
| 3 | 3 years after the effective date for the optional | ||||||
| 4 | elementary unit district, 50% of the calculated excess | ||||||
| 5 | shall be paid to the optional elementary unit district in | ||||||
| 6 | each of the first 4 years after the effective date of the | ||||||
| 7 | elementary opt-in. | ||||||
| 8 | (D) If the effective date for the elementary opt-in is | ||||||
| 9 | 4 years after the effective date for the optional | ||||||
| 10 | elementary unit district, 25% of the calculated excess | ||||||
| 11 | shall be paid to the optional elementary unit district in | ||||||
| 12 | each of the first 4 years after the effective date of the | ||||||
| 13 | elementary opt-in. | ||||||
| 14 | (E) If the effective date for the elementary opt-in is | ||||||
| 15 | 5 years after the effective date for the optional | ||||||
| 16 | elementary unit district, the optional elementary unit | ||||||
| 17 | district is not eligible for any additional incentives due | ||||||
| 18 | to the elementary opt-in. | ||||||
| 19 | (6.5) For a school district that annexes territory detached | ||||||
| 20 | from another school district whereby the enrollment of the | ||||||
| 21 | annexing district increases by 90% or more as a result of the | ||||||
| 22 | annexation, for the first year during which the change of | ||||||
| 23 | boundaries attributable to the annexation becomes effective | ||||||
| 24 | for all purposes as determined under Section 7-9 of this Code, | ||||||
| 25 | the general State aid and supplemental general State aid | ||||||
| 26 | calculated under this Section shall be computed for the | ||||||
| |||||||
| |||||||
| 1 | district gaining territory and the district losing territory as | ||||||
| 2 | constituted after the annexation and for the same districts as | ||||||
| 3 | constituted prior to the annexation; and if the aggregate of | ||||||
| 4 | the general State aid and supplemental general State aid as so | ||||||
| 5 | computed for the district gaining territory and the district | ||||||
| 6 | losing territory as constituted after the annexation is less | ||||||
| 7 | than the aggregate of the general State aid and supplemental | ||||||
| 8 | general State aid as so computed for the district gaining | ||||||
| 9 | territory and the district losing territory as constituted | ||||||
| 10 | prior to the annexation, then a supplementary payment shall be | ||||||
| 11 | made to the annexing district for the first 4 years of | ||||||
| 12 | existence after the annexation, equal to the difference | ||||||
| 13 | multiplied by the ratio of student enrollment in the territory | ||||||
| 14 | detached to the total student enrollment in the district losing | ||||||
| 15 | territory for the year prior to the effective date of the | ||||||
| 16 | annexation. The amount of the total difference and the | ||||||
| 17 | proportion paid to the annexing district shall be computed by | ||||||
| 18 | the State Board of Education on the basis of pupil enrollment | ||||||
| 19 | and other data that must be submitted to the State Board of | ||||||
| 20 | Education in accordance with Section 7-14A of this Code. The | ||||||
| 21 | changes to this Section made by Public Act 95-707
are intended | ||||||
| 22 | to be retroactive and applicable to any annexation taking | ||||||
| 23 | effect on or after July 1, 2004. For annexations that are | ||||||
| 24 | eligible for payments under this paragraph (6.5) and that are | ||||||
| 25 | effective on or after July 1, 2004, but before January 11, 2008 | ||||||
| 26 | (the effective date of Public Act 95-707), the first required | ||||||
| |||||||
| |||||||
| 1 | yearly payment under this paragraph (6.5) shall be paid in the | ||||||
| 2 | fiscal year of January 11, 2008 (the effective date of Public | ||||||
| 3 | Act 95-707). Subsequent required yearly payments shall be paid | ||||||
| 4 | in subsequent fiscal years until the payment obligation under | ||||||
| 5 | this paragraph (6.5) is complete. | ||||||
| 6 | (7) Claims for financial assistance under this subsection | ||||||
| 7 | (a) may not be recomputed except as expressly provided under | ||||||
| 8 | Section 18-8.05 of this Code. | ||||||
| 9 | (8) Any supplementary payment made under this subsection | ||||||
| 10 | (a) must be treated as separate from all other payments made | ||||||
| 11 | pursuant to Section 18-8.05 of this Code. | ||||||
| 12 | (b)(1) After the formation of a combined school district, | ||||||
| 13 | as defined in Section 11E-20 of this Code, or a unit district, | ||||||
| 14 | as defined in Section 11E-25 of this Code, a computation shall | ||||||
| 15 | be made to determine the difference between the salaries | ||||||
| 16 | effective in each of the previously existing districts on June | ||||||
| 17 | 30, prior to the creation of the new district. For the first 4 | ||||||
| 18 | years after the formation of the new district, a supplementary | ||||||
| 19 | State aid reimbursement shall be paid to the new district equal | ||||||
| 20 | to the difference between the sum of the salaries earned by | ||||||
| 21 | each of the certificated members of the new district, while | ||||||
| 22 | employed in one of the previously existing districts during the | ||||||
| 23 | year immediately preceding the formation of the new district, | ||||||
| 24 | and the sum of the salaries those certificated members would | ||||||
| 25 | have been paid during the year immediately prior to the | ||||||
| 26 | formation of the new district if placed on the salary schedule | ||||||
| |||||||
| |||||||
| 1 | of the previously existing district with the highest salary | ||||||
| 2 | schedule. | ||||||
| 3 | (2) After the territory of one or more school districts is | ||||||
| 4 | annexed by one or more other school districts as defined in | ||||||
| 5 | Article 7 of this Code, a computation shall be made to | ||||||
| 6 | determine the difference between the salaries effective in each | ||||||
| 7 | annexed district and in the annexing district or districts as | ||||||
| 8 | they were each constituted on June 30 preceding the date when | ||||||
| 9 | the change of boundaries attributable to the annexation became | ||||||
| 10 | effective for all purposes, as determined under Section 7-9 of | ||||||
| 11 | this Code. For the first 4 years after the annexation, a | ||||||
| 12 | supplementary State aid reimbursement shall be paid to each | ||||||
| 13 | annexing district as constituted after the annexation equal to | ||||||
| 14 | the difference between the sum of the salaries earned by each | ||||||
| 15 | of the certificated members of the annexing district as | ||||||
| 16 | constituted after the annexation, while employed in an annexed | ||||||
| 17 | or annexing district during the year immediately preceding the | ||||||
| 18 | annexation, and the sum of the salaries those certificated | ||||||
| 19 | members would have been paid during the immediately preceding | ||||||
| 20 | year if placed on the salary schedule of whichever of the | ||||||
| 21 | annexing or annexed districts had the highest salary schedule | ||||||
| 22 | during the immediately preceding year. | ||||||
| 23 | (3) For each new high school district formed under a school | ||||||
| 24 | district conversion, as defined in Section 11E-15 of this Code, | ||||||
| 25 | the State shall make a supplementary payment for 4 years equal | ||||||
| 26 | to the difference between the sum of the salaries earned by | ||||||
| |||||||
| |||||||
| 1 | each certified member of the new high school district, while | ||||||
| 2 | employed in one of the previously existing districts, and the | ||||||
| 3 | sum of the salaries those certified members would have been | ||||||
| 4 | paid if placed on the salary schedule of the previously | ||||||
| 5 | existing district with the highest salary schedule. | ||||||
| 6 | (4) For each newly created partial elementary unit | ||||||
| 7 | district, the State shall make a supplementary payment for 4 | ||||||
| 8 | years equal to the difference between the sum of the salaries | ||||||
| 9 | earned by each certified member of the newly created partial | ||||||
| 10 | elementary unit district, while employed in one of the | ||||||
| 11 | previously existing districts that formed the partial | ||||||
| 12 | elementary unit district, and the sum of the salaries those | ||||||
| 13 | certified members would have been paid if placed on the salary | ||||||
| 14 | schedule of the previously existing district with the highest | ||||||
| 15 | salary schedule. The salary schedules used in the calculation | ||||||
| 16 | shall be those in effect in the previously existing districts | ||||||
| 17 | for the school year prior to the creation of the new partial | ||||||
| 18 | elementary unit district. | ||||||
| 19 | (5) For an elementary district opt-in, as described in | ||||||
| 20 | subsection (d) of Section 11E-30 of this Code, the salary | ||||||
| 21 | difference incentive shall be computed in accordance with | ||||||
| 22 | paragraph (4) of this subsection (b) as if the opted-in | ||||||
| 23 | elementary district was included in the optional elementary | ||||||
| 24 | unit district at the optional elementary unit district's | ||||||
| 25 | original effective date. If the calculation in this paragraph | ||||||
| 26 | (5) is less than that calculated in paragraph (4) of this | ||||||
| |||||||
| |||||||
| 1 | subsection (b) at the optional elementary unit district's | ||||||
| 2 | original effective date, then no adjustments may be made. If | ||||||
| 3 | the calculation in this paragraph (5) is more than that | ||||||
| 4 | calculated in paragraph (4) of this subsection (b) at the | ||||||
| 5 | optional elementary unit district's original effective date, | ||||||
| 6 | then the excess must be paid as follows: | ||||||
| 7 | (A) If the effective date for the elementary opt-in is | ||||||
| 8 | one year after the effective date for the optional | ||||||
| 9 | elementary unit district, 100% of the calculated excess | ||||||
| 10 | shall be paid to the optional elementary unit district in | ||||||
| 11 | each of the first 4 years after the effective date of the | ||||||
| 12 | elementary opt-in. | ||||||
| 13 | (B) If the effective date for the elementary opt-in is | ||||||
| 14 | 2 years after the effective date for the optional | ||||||
| 15 | elementary unit district, 75% of the calculated excess | ||||||
| 16 | shall be paid to the optional elementary unit district in | ||||||
| 17 | each of the first 4 years after the effective date of the | ||||||
| 18 | elementary opt-in. | ||||||
| 19 | (C) If the effective date for the elementary opt-in is | ||||||
| 20 | 3 years after the effective date for the optional | ||||||
| 21 | elementary unit district, 50% of the calculated excess | ||||||
| 22 | shall be paid to the optional elementary unit district in | ||||||
| 23 | each of the first 4 years after the effective date of the | ||||||
| 24 | elementary opt-in. | ||||||
| 25 | (D) If the effective date for the elementary opt-in is | ||||||
| 26 | 4 years after the effective date for the partial elementary | ||||||
| |||||||
| |||||||
| 1 | unit district, 25% of the calculated excess shall be paid | ||||||
| 2 | to the optional elementary unit district in each of the | ||||||
| 3 | first 4 years after the effective date of the elementary | ||||||
| 4 | opt-in. | ||||||
| 5 | (E) If the effective date for the elementary opt-in is | ||||||
| 6 | 5 years after the effective date for the optional | ||||||
| 7 | elementary unit district, the optional elementary unit | ||||||
| 8 | district is not eligible for any additional incentives due | ||||||
| 9 | to the elementary opt-in. | ||||||
| 10 | (5.5) After the formation of a cooperative high school by 2 | ||||||
| 11 | or more school districts under Section 10-22.22c of this Code, | ||||||
| 12 | a computation shall be made to determine the difference between | ||||||
| 13 | the salaries effective in each of the previously existing high | ||||||
| 14 | schools on June 30 prior to the formation of the cooperative | ||||||
| 15 | high school. For the first 4 years after the formation of the | ||||||
| 16 | cooperative high school, a supplementary State aid | ||||||
| 17 | reimbursement shall be paid to the cooperative high school | ||||||
| 18 | equal to the difference between the sum of the salaries earned | ||||||
| 19 | by each of the certificated members of the cooperative high | ||||||
| 20 | school while employed in one of the previously existing high | ||||||
| 21 | schools during the year immediately preceding the formation of | ||||||
| 22 | the cooperative high school and the sum of the salaries those | ||||||
| 23 | certificated members would have been paid during the year | ||||||
| 24 | immediately prior to the formation of the cooperative high | ||||||
| 25 | school if placed on the salary schedule of the previously | ||||||
| 26 | existing high school with the highest salary schedule. | ||||||
| |||||||
| |||||||
| 1 | (5.10) After the annexation of territory detached from
| ||||||
| 2 | another school district whereby the enrollment of the annexing
| ||||||
| 3 | district increases by 90% or more as a result of the
| ||||||
| 4 | annexation, a computation shall be made to determine the
| ||||||
| 5 | difference between the salaries effective in the district
| ||||||
| 6 | gaining territory and the district losing territory as they
| ||||||
| 7 | each were constituted on June 30 preceding the date when the
| ||||||
| 8 | change of boundaries attributable to the annexation became
| ||||||
| 9 | effective for all purposes as determined under Section 7-9 of
| ||||||
| 10 | this Code. For the first 4 years after the annexation, a
| ||||||
| 11 | supplementary State aid reimbursement shall be paid to the
| ||||||
| 12 | annexing district equal to the difference between the sum of
| ||||||
| 13 | the salaries earned by each of the certificated members of the
| ||||||
| 14 | annexing district as constituted after the annexation while
| ||||||
| 15 | employed in the district gaining territory or the district
| ||||||
| 16 | losing territory during the year immediately preceding the
| ||||||
| 17 | annexation and the sum of the salaries those certificated
| ||||||
| 18 | members would have been paid during such immediately preceding
| ||||||
| 19 | year if placed on the salary schedule of whichever of the
| ||||||
| 20 | district gaining territory or district losing territory had the
| ||||||
| 21 | highest salary schedule during the immediately preceding year.
| ||||||
| 22 | To be eligible for supplementary State aid reimbursement under
| ||||||
| 23 | this Section, the intergovernmental agreement to be submitted
| ||||||
| 24 | pursuant to Section 7-14A of this Code must show that staff
| ||||||
| 25 | members were transferred from the control of the district
| ||||||
| 26 | losing territory to the control of the district gaining
| ||||||
| |||||||
| |||||||
| 1 | territory in the annexation. The changes to this Section made
| ||||||
| 2 | by Public Act 95-707
are
intended to be retroactive and | ||||||
| 3 | applicable to any annexation
taking effect on or after July 1, | ||||||
| 4 | 2004. For annexations that are eligible for payments under this | ||||||
| 5 | paragraph (5.10) and that are effective on or after July 1, | ||||||
| 6 | 2004, but before January 11, 2008 (the effective date of Public | ||||||
| 7 | Act 95-707), the first required yearly payment under this | ||||||
| 8 | paragraph (5.10) shall be paid in the fiscal year of January | ||||||
| 9 | 11, 2008 (the effective date of Public Act 95-707). Subsequent | ||||||
| 10 | required yearly payments shall be paid in subsequent fiscal | ||||||
| 11 | years until the payment obligation under this paragraph (5.10) | ||||||
| 12 | is complete.
| ||||||
| 13 | (5.15)
After the deactivation of a school facility in | ||||||
| 14 | accordance with Section 10-22.22b of this Code, a computation | ||||||
| 15 | shall be made to determine the difference between the salaries | ||||||
| 16 | effective in the sending school district and each receiving | ||||||
| 17 | school district on June 30 prior to the deactivation of the | ||||||
| 18 | school facility. For the lesser of the first 4 years after the | ||||||
| 19 | deactivation of the school facility or the length of the | ||||||
| 20 | deactivation agreement, including any renewals of the original | ||||||
| 21 | deactivation agreement, a supplementary State aid | ||||||
| 22 | reimbursement shall be paid to each receiving district equal to | ||||||
| 23 | the difference between the sum of the salaries earned by each | ||||||
| 24 | of the certificated members transferred to that receiving | ||||||
| 25 | district as a result of the deactivation while employed in the | ||||||
| 26 | sending district during the year immediately preceding the | ||||||
| |||||||
| |||||||
| 1 | deactivation and the sum of the salaries those certificated | ||||||
| 2 | members would have been paid during the year immediately | ||||||
| 3 | preceding the deactivation if placed on the salary schedule of | ||||||
| 4 | the sending or receiving district with the highest salary | ||||||
| 5 | schedule. | ||||||
| 6 | (6) The supplementary State aid reimbursement under this | ||||||
| 7 | subsection (b) shall be treated as separate from all other | ||||||
| 8 | payments made pursuant to Section 18-8.05 of this Code. In the | ||||||
| 9 | case of the formation of a new district or cooperative high | ||||||
| 10 | school or a deactivation, reimbursement shall begin during the | ||||||
| 11 | first year of operation of the new district or cooperative high | ||||||
| 12 | school or the first year of the deactivation, and in the case | ||||||
| 13 | of an annexation of the territory of one or more school | ||||||
| 14 | districts by one or more other school districts or the | ||||||
| 15 | annexation of territory detached from a school district whereby
| ||||||
| 16 | the enrollment of the annexing district increases by 90% or
| ||||||
| 17 | more as a result of the annexation, reimbursement shall begin | ||||||
| 18 | during the first year when the change in boundaries | ||||||
| 19 | attributable to the annexation becomes effective for all | ||||||
| 20 | purposes as determined pursuant to Section 7-9 of this Code, | ||||||
| 21 | except that for an annexation of territory detached from a | ||||||
| 22 | school district that is effective on or after July 1, 2004, but | ||||||
| 23 | before January 11, 2008 (the effective date of Public Act | ||||||
| 24 | 95-707), whereby the enrollment of the annexing district | ||||||
| 25 | increases by 90% or more as a result of the annexation, | ||||||
| 26 | reimbursement shall begin during the fiscal year of January 11, | ||||||
| |||||||
| |||||||
| 1 | 2008 (the effective date of Public Act 95-707). Each year that | ||||||
| 2 | the new, annexing, or receiving district or cooperative high | ||||||
| 3 | school, as the case may be, is entitled to receive | ||||||
| 4 | reimbursement, the number of eligible certified members who are | ||||||
| 5 | employed on October 1 in the district or cooperative high | ||||||
| 6 | school shall be certified to the State Board of Education on | ||||||
| 7 | prescribed forms by October 15 and payment shall be made on or | ||||||
| 8 | before November 15 of that year. | ||||||
| 9 | (7) Notwithstanding any provision to the contrary in this | ||||||
| 10 | Section, any reorganized district may maintain two separate | ||||||
| 11 | salary schedules until the next collective bargaining | ||||||
| 12 | negotiation. | ||||||
| 13 | (c)(1) For the first year after the formation of a combined | ||||||
| 14 | school district, as defined in Section 11E-20 of this Code or a | ||||||
| 15 | unit district, as defined in Section 11E-25 of this Code, a | ||||||
| 16 | computation shall be made totaling each previously existing | ||||||
| 17 | district's audited fund balances in the educational fund, | ||||||
| 18 | working cash fund, operations and maintenance fund, and | ||||||
| 19 | transportation fund for the year ending June 30 prior to the | ||||||
| 20 | referendum for the creation of the new district. The new | ||||||
| 21 | district shall be paid supplementary State aid equal to the sum | ||||||
| 22 | of the differences between the deficit of the previously | ||||||
| 23 | existing district with the smallest deficit and the deficits of | ||||||
| 24 | each of the other previously existing districts. | ||||||
| 25 | (2) For the first year after the annexation of all of the | ||||||
| 26 | territory of one or more entire school districts by another | ||||||
| |||||||
| |||||||
| 1 | school district, as defined in Article 7 of this Code, | ||||||
| 2 | computations shall be made, for the year ending June 30 prior | ||||||
| 3 | to the date that the change of boundaries attributable to the | ||||||
| 4 | annexation is allowed by the affirmative decision issued by the | ||||||
| 5 | regional board of school trustees under Section 7-6 of this | ||||||
| 6 | Code, notwithstanding any effort to seek administrative review | ||||||
| 7 | of the decision, totaling the annexing district's and totaling | ||||||
| 8 | each annexed district's audited fund balances in their | ||||||
| 9 | respective educational, working cash, operations and | ||||||
| 10 | maintenance, and transportation funds. The annexing district | ||||||
| 11 | as constituted after the annexation shall be paid supplementary | ||||||
| 12 | State aid equal to the sum of the differences between the | ||||||
| 13 | deficit of whichever of the annexing or annexed districts as | ||||||
| 14 | constituted prior to the annexation had the smallest deficit | ||||||
| 15 | and the deficits of each of the other districts as constituted | ||||||
| 16 | prior to the annexation. | ||||||
| 17 | (3) For the first year after the annexation of all of the | ||||||
| 18 | territory of one or more entire school districts by 2 or more | ||||||
| 19 | other school districts, as defined by Article 7 of this Code, | ||||||
| 20 | computations shall be made, for the year ending June 30 prior | ||||||
| 21 | to the date that the change of boundaries attributable to the | ||||||
| 22 | annexation is allowed by the affirmative decision of the | ||||||
| 23 | regional board of school trustees under Section 7-6 of this | ||||||
| 24 | Code, notwithstanding any action for administrative review of | ||||||
| 25 | the decision, totaling each annexing and annexed district's | ||||||
| 26 | audited fund balances in their respective educational, working | ||||||
| |||||||
| |||||||
| 1 | cash, operations and maintenance, and transportation funds. | ||||||
| 2 | The annexing districts as constituted after the annexation | ||||||
| 3 | shall be paid supplementary State aid, allocated as provided in | ||||||
| 4 | this paragraph (3), in an aggregate amount equal to the sum of | ||||||
| 5 | the differences between the deficit of whichever of the | ||||||
| 6 | annexing or annexed districts as constituted prior to the | ||||||
| 7 | annexation had the smallest deficit and the deficits of each of | ||||||
| 8 | the other districts as constituted prior to the annexation. The | ||||||
| 9 | aggregate amount of the supplementary State aid payable under | ||||||
| 10 | this paragraph (3) shall be allocated between or among the | ||||||
| 11 | annexing districts as follows: | ||||||
| 12 | (A) the regional superintendent of schools for each | ||||||
| 13 | educational service region in which an annexed district is | ||||||
| 14 | located prior to the annexation shall certify to the State | ||||||
| 15 | Board of Education, on forms that it shall provide for that | ||||||
| 16 | purpose, the value of all taxable property in each annexed | ||||||
| 17 | district, as last equalized or assessed by the Department | ||||||
| 18 | of Revenue prior to the annexation, and the equalized | ||||||
| 19 | assessed value of each part of the annexed district that | ||||||
| 20 | was annexed to or included as a part of an annexing | ||||||
| 21 | district; | ||||||
| 22 | (B) using equalized assessed values as certified by the | ||||||
| 23 | regional superintendent of schools under clause (A) of this | ||||||
| 24 | paragraph (3), the combined audited fund balance deficit of | ||||||
| 25 | each annexed district as determined under this Section | ||||||
| 26 | shall be apportioned between or among the annexing | ||||||
| |||||||
| |||||||
| 1 | districts in the same ratio as the equalized assessed value | ||||||
| 2 | of that part of the annexed district that was annexed to or | ||||||
| 3 | included as a part of an annexing district bears to the | ||||||
| 4 | total equalized assessed value of the annexed district; and | ||||||
| 5 | (C) the aggregate supplementary State aid payment | ||||||
| 6 | under this paragraph (3) shall be allocated between or | ||||||
| 7 | among, and shall be paid to, the annexing districts in the | ||||||
| 8 | same ratio as the sum of the combined audited fund balance | ||||||
| 9 | deficit of each annexing district as constituted prior to | ||||||
| 10 | the annexation, plus all combined audited fund balance | ||||||
| 11 | deficit amounts apportioned to that annexing district | ||||||
| 12 | under clause (B) of this subsection, bears to the aggregate | ||||||
| 13 | of the combined audited fund balance deficits of all of the | ||||||
| 14 | annexing and annexed districts as constituted prior to the | ||||||
| 15 | annexation. | ||||||
| 16 | (4) For the new elementary districts and new high school | ||||||
| 17 | district formed through a school district conversion, as | ||||||
| 18 | defined in Section 11E-15 of this Code or the new elementary | ||||||
| 19 | district or districts and new combined high school - unit | ||||||
| 20 | district formed through a multi-unit conversion, as defined in | ||||||
| 21 | subsection (b) of Section 11E-30 of this Code, a computation | ||||||
| 22 | shall be made totaling each previously existing district's | ||||||
| 23 | audited fund balances in the educational fund, working cash | ||||||
| 24 | fund, operations and maintenance fund, and transportation fund | ||||||
| 25 | for the year ending June 30 prior to the referendum | ||||||
| 26 | establishing the new districts. In the first year of the new | ||||||
| |||||||
| |||||||
| 1 | districts, the State shall make a one-time supplementary | ||||||
| 2 | payment equal to the sum of the differences between the deficit | ||||||
| 3 | of the previously existing district with the smallest deficit | ||||||
| 4 | and the deficits of each of the other previously existing | ||||||
| 5 | districts. A district with a combined balance among the 4 funds | ||||||
| 6 | that is positive shall be considered to have a deficit of zero. | ||||||
| 7 | The supplementary payment shall be allocated among the newly | ||||||
| 8 | formed high school and elementary districts in the manner | ||||||
| 9 | provided by the petition for the formation of the districts, in | ||||||
| 10 | the form in which the petition is approved by the regional | ||||||
| 11 | superintendent of schools or State Superintendent of Education | ||||||
| 12 | under Section 11E-50 of this Code. | ||||||
| 13 | (5) For each newly created partial elementary unit | ||||||
| 14 | district, as defined in subsection (a) or (c) of Section 11E-30 | ||||||
| 15 | of this Code, a computation shall be made totaling the audited | ||||||
| 16 | fund balances of each previously existing district that formed | ||||||
| 17 | the new partial elementary unit district in the educational | ||||||
| 18 | fund, working cash fund, operations and maintenance fund, and | ||||||
| 19 | transportation fund for the year ending June 30 prior to the | ||||||
| 20 | referendum for the formation of the partial elementary unit | ||||||
| 21 | district. In the first year of the new partial elementary unit | ||||||
| 22 | district, the State shall make a one-time supplementary payment | ||||||
| 23 | to the new district equal to the sum of the differences between | ||||||
| 24 | the deficit of the previously existing district with the | ||||||
| 25 | smallest deficit and the deficits of each of the other | ||||||
| 26 | previously existing districts. A district with a combined | ||||||
| |||||||
| |||||||
| 1 | balance among the 4 funds that is positive shall be considered | ||||||
| 2 | to have a deficit of zero. | ||||||
| 3 | (6) For an elementary opt-in as defined in subsection (d) | ||||||
| 4 | of Section 11E-30 of this Code, the deficit fund balance | ||||||
| 5 | incentive shall be computed in accordance with paragraph (5) of | ||||||
| 6 | this subsection (c) as if the opted-in elementary was included | ||||||
| 7 | in the optional elementary unit district at the optional | ||||||
| 8 | elementary unit district's original effective date. If the | ||||||
| 9 | calculation in this paragraph (6) is less than that calculated | ||||||
| 10 | in paragraph (5) of this subsection (c) at the optional | ||||||
| 11 | elementary unit district's original effective date, then no | ||||||
| 12 | adjustments may be made. If the calculation in this paragraph | ||||||
| 13 | (6) is more than that calculated in paragraph (5) of this | ||||||
| 14 | subsection (c) at the optional elementary unit district's | ||||||
| 15 | original effective date, then the excess must be paid as | ||||||
| 16 | follows: | ||||||
| 17 | (A) If the effective date for the elementary opt-in is | ||||||
| 18 | one year after the effective date for the optional | ||||||
| 19 | elementary unit district, 100% of the calculated excess | ||||||
| 20 | shall be paid to the optional elementary unit district in | ||||||
| 21 | the first year after the effective date of the elementary | ||||||
| 22 | opt-in. | ||||||
| 23 | (B) If the effective date for the elementary opt-in is | ||||||
| 24 | 2 years after the effective date for the optional | ||||||
| 25 | elementary unit district, 75% of the calculated excess | ||||||
| 26 | shall be paid to the optional elementary unit district in | ||||||
| |||||||
| |||||||
| 1 | the first year after the effective date of the elementary | ||||||
| 2 | opt-in. | ||||||
| 3 | (C) If the effective date for the elementary opt-in is | ||||||
| 4 | 3 years after the effective date for the optional | ||||||
| 5 | elementary unit district, 50% of the calculated excess | ||||||
| 6 | shall be paid to the optional elementary unit district in | ||||||
| 7 | the first year after the effective date of the elementary | ||||||
| 8 | opt-in. | ||||||
| 9 | (D) If the effective date for the elementary opt-in is | ||||||
| 10 | 4 years after the effective date for the optional | ||||||
| 11 | elementary unit district, 25% of the calculated excess | ||||||
| 12 | shall be paid to the optional elementary unit district in | ||||||
| 13 | the first year after the effective date of the elementary | ||||||
| 14 | opt-in. | ||||||
| 15 | (E) If the effective date for the elementary opt-in is | ||||||
| 16 | 5 years after the effective date for the optional | ||||||
| 17 | elementary unit district, the optional elementary unit | ||||||
| 18 | district is not eligible for any additional incentives due | ||||||
| 19 | to the elementary opt-in. | ||||||
| 20 | (6.5) For the first year after the annexation of territory
| ||||||
| 21 | detached from another school district whereby the enrollment of
| ||||||
| 22 | the annexing district increases by 90% or more as a result of
| ||||||
| 23 | the annexation, a computation shall be made totaling the
| ||||||
| 24 | audited fund balances of the district gaining territory and the
| ||||||
| 25 | audited fund balances of the district losing territory in the
| ||||||
| 26 | educational fund, working cash fund, operations and
| ||||||
| |||||||
| |||||||
| 1 | maintenance fund, and transportation fund for the year ending
| ||||||
| 2 | June 30 prior to the date that the change of boundaries
| ||||||
| 3 | attributable to the annexation is allowed by the affirmative
| ||||||
| 4 | decision of the regional board of school trustees under Section
| ||||||
| 5 | 7-6 of this Code, notwithstanding any action for administrative
| ||||||
| 6 | review of the decision. The annexing district as constituted
| ||||||
| 7 | after the annexation shall be paid supplementary State aid
| ||||||
| 8 | equal to the difference between the deficit of whichever
| ||||||
| 9 | district included in this calculation as constituted prior to
| ||||||
| 10 | the annexation had the smallest deficit and the deficit of each
| ||||||
| 11 | other district included in this calculation as constituted
| ||||||
| 12 | prior to the annexation, multiplied by the ratio of equalized
| ||||||
| 13 | assessed value of the territory detached to the total equalized
| ||||||
| 14 | assessed value of the district losing territory. The regional
| ||||||
| 15 | superintendent of schools for the educational service region in
| ||||||
| 16 | which a district losing territory is located prior to the
| ||||||
| 17 | annexation shall certify to the State Board of Education the
| ||||||
| 18 | value of all taxable property in the district losing territory
| ||||||
| 19 | and the value of all taxable property in the territory being
| ||||||
| 20 | detached, as last equalized or assessed by the Department of
| ||||||
| 21 | Revenue prior to the annexation. To be eligible for
| ||||||
| 22 | supplementary State aid reimbursement under this Section, the
| ||||||
| 23 | intergovernmental agreement to be submitted pursuant to
| ||||||
| 24 | Section 7-14A of this Code must show that fund balances were
| ||||||
| 25 | transferred from the district losing territory to the district
| ||||||
| 26 | gaining territory in the annexation. The changes to this
| ||||||
| |||||||
| |||||||
| 1 | Section made by Public Act 95-707
are intended to be | ||||||
| 2 | retroactive and applicable to any
annexation taking effect on | ||||||
| 3 | or after July 1, 2004. For annexations that are eligible for | ||||||
| 4 | payments under this paragraph (6.5) and that are effective on | ||||||
| 5 | or after July 1, 2004, but before January 11, 2008 (the | ||||||
| 6 | effective date of Public Act 95-707), the required payment | ||||||
| 7 | under this paragraph (6.5) shall be paid in the fiscal year of | ||||||
| 8 | January 11, 2008 (the effective date of Public Act 95-707).
| ||||||
| 9 | (7) For purposes of any calculation required under | ||||||
| 10 | paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this | ||||||
| 11 | subsection (c), a district with a combined fund balance that is | ||||||
| 12 | positive shall be considered to have a deficit of zero. For | ||||||
| 13 | purposes of determining each district's audited fund balances | ||||||
| 14 | in its educational fund, working cash fund, operations and | ||||||
| 15 | maintenance fund, and transportation fund for the specified | ||||||
| 16 | year ending June 30, as provided in paragraphs (1), (2), (3), | ||||||
| 17 | (4), (5), (6), and (6.5) of this subsection (c), the balance of | ||||||
| 18 | each fund shall be deemed decreased by an amount equal to the | ||||||
| 19 | amount of the annual property tax theretofore levied in the | ||||||
| 20 | fund by the district for collection and payment to the district | ||||||
| 21 | during the calendar year in which the June 30 fell, but only to | ||||||
| 22 | the extent that the tax so levied in the fund actually was | ||||||
| 23 | received by the district on or before or comprised a part of | ||||||
| 24 | the fund on such June 30. For purposes of determining each | ||||||
| 25 | district's audited fund balances, a calculation shall be made | ||||||
| 26 | for each fund to determine the average for the 3 years prior to | ||||||
| |||||||
| |||||||
| 1 | the specified year ending June 30, as provided in paragraphs | ||||||
| 2 | (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c), | ||||||
| 3 | of the district's expenditures in the categories "purchased | ||||||
| 4 | services", "supplies and materials", and "capital outlay", as | ||||||
| 5 | those categories are defined in rules of the State Board of | ||||||
| 6 | Education. If this 3-year average is less than the district's | ||||||
| 7 | expenditures in these categories for the specified year ending | ||||||
| 8 | June 30, as provided in paragraphs (1), (2), (3), (4), (5), | ||||||
| 9 | (6), and (6.5) of this subsection (c), then the 3-year average | ||||||
| 10 | shall be used in calculating the amounts payable under this | ||||||
| 11 | Section in place of the amounts shown in these categories for | ||||||
| 12 | the specified year ending June 30, as provided in paragraphs | ||||||
| 13 | (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c). | ||||||
| 14 | Any deficit because of State aid not yet received may not be | ||||||
| 15 | considered in determining the June 30 deficits. The same basis | ||||||
| 16 | of accounting shall be used by all previously existing | ||||||
| 17 | districts and by all annexing or annexed districts, as | ||||||
| 18 | constituted prior to the annexation, in making any computation | ||||||
| 19 | required under paragraphs (1), (2), (3), (4), (5), (6), and | ||||||
| 20 | (6.5) of this subsection (c). | ||||||
| 21 | (8) The supplementary State aid payments under this | ||||||
| 22 | subsection (c) shall be treated as separate from all other | ||||||
| 23 | payments made pursuant to Section 18-8.05 of this Code. | ||||||
| 24 | (d)(1) Following the formation of a combined school | ||||||
| 25 | district, as defined in Section 11E-20 of this Code, a new unit | ||||||
| 26 | district, as defined in Section 11E-25 of this Code, a new | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | elementary district or districts and a new high school district | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | formed through a school district conversion, as defined in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | Section 11E-15 of this Code, a new partial elementary unit | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | district, as defined in Section 11E-30 of this Code, or a new | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | elementary district or districts formed through a multi-unit | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | conversion, as defined in subsection (b) of Section 11E-30 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | this Code, or the annexation of all of the territory of one or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | more entire school districts by one or more other school | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | districts, as defined in Article 7 of this Code, a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | supplementary State aid reimbursement shall be paid for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | number of school years determined under the following table to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | each new or annexing district equal to the sum of $4,000 for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | each certified employee who is employed by the district on a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | full-time basis for the regular term of the school year:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||
| ||||||||||||||
| ||||||||||||||
| 3 | The State Board of Education shall make a one-time calculation | |||||||||||||
| 4 | of a reorganized district's quintile ranks. The average daily | |||||||||||||
| 5 | attendance used in this calculation shall be the best 3 months' | |||||||||||||
| 6 | average daily attendance for the district's first year. The | |||||||||||||
| 7 | equalized assessed value per pupil shall be the district's real | |||||||||||||
| 8 | property equalized assessed value used in calculating the | |||||||||||||
| 9 | district's first-year general State aid claim, under Section | |||||||||||||
| 10 | 18-8.05 of this Code, divided by the best 3 months' average | |||||||||||||
| 11 | daily attendance. | |||||||||||||
| 12 | No annexing or resulting school district shall be entitled | |||||||||||||
| 13 | to supplementary State aid under this subsection (d) unless the | |||||||||||||
| 14 | district acquires at least 30% of the average daily attendance | |||||||||||||
| 15 | of the district from which the territory is being detached or | |||||||||||||
| 16 | divided. | |||||||||||||
| 17 | If a district results from multiple reorganizations that | |||||||||||||
| 18 | would otherwise qualify the district for multiple payments | |||||||||||||
| 19 | under this subsection (d) in any year, then the district shall | |||||||||||||
| 20 | receive a single payment only for that year based solely on the | |||||||||||||
| 21 | most recent reorganization. | |||||||||||||
| 22 | (2) For an elementary opt-in, as defined in subsection (d) | |||||||||||||
| 23 | of Section 11E-30 of this Code, the full-time certified staff | |||||||||||||
| 24 | incentive shall be computed in accordance with paragraph (1) of | |||||||||||||
| 25 | this subsection (d), equal to the sum of $4,000 for each | |||||||||||||
| |||||||
| |||||||
| 1 | certified employee of the elementary district that opts-in who | ||||||
| 2 | is employed by the optional elementary unit district on a | ||||||
| 3 | full-time basis for the regular term of the school year. The | ||||||
| 4 | calculation from this paragraph (2) must be paid as follows: | ||||||
| 5 | (A) If the effective date for the elementary opt-in is | ||||||
| 6 | one year after the effective date for the optional | ||||||
| 7 | elementary unit district, 100% of the amount calculated in | ||||||
| 8 | this paragraph (2) shall be paid to the optional elementary | ||||||
| 9 | unit district for the number of years calculated in | ||||||
| 10 | paragraph (1) of this subsection (d) at the optional | ||||||
| 11 | elementary unit district's original effective date, | ||||||
| 12 | starting in the second year after the effective date of the | ||||||
| 13 | elementary opt-in. | ||||||
| 14 | (B) If the effective date for the elementary opt-in is | ||||||
| 15 | 2 years after the effective date for the optional | ||||||
| 16 | elementary unit district, 75% of the amount calculated in | ||||||
| 17 | this paragraph (2) shall be paid to the optional elementary | ||||||
| 18 | unit district for the number of years calculated in | ||||||
| 19 | paragraph (1) of this subsection (d) at the optional | ||||||
| 20 | elementary unit district's original effective date, | ||||||
| 21 | starting in the second year after the effective date of the | ||||||
| 22 | elementary opt-in. | ||||||
| 23 | (C) If the effective date for the elementary opt-in is | ||||||
| 24 | 3 years after the effective date for the optional | ||||||
| 25 | elementary unit district, 50% of the amount calculated in | ||||||
| 26 | this paragraph (2) shall be paid to the optional elementary | ||||||
| |||||||
| |||||||
| 1 | unit district for the number of years calculated in | ||||||
| 2 | paragraph (1) of this subsection (d) at the optional | ||||||
| 3 | elementary unit district's original effective date, | ||||||
| 4 | starting in the second year after the effective date of the | ||||||
| 5 | elementary opt-in. | ||||||
| 6 | (D) If the effective date for the elementary opt-in is | ||||||
| 7 | 4 years after the effective date for the optional | ||||||
| 8 | elementary unit district, 25% of the amount calculated in | ||||||
| 9 | this paragraph (2) shall be paid to the optional elementary | ||||||
| 10 | unit district for the number of years calculated in | ||||||
| 11 | paragraph (1) of this subsection (d) at the optional | ||||||
| 12 | elementary unit district's original effective date, | ||||||
| 13 | starting in the second year after the effective date of the | ||||||
| 14 | elementary opt-in. | ||||||
| 15 | (E) If the effective date for the elementary opt-in is | ||||||
| 16 | 5 years after the effective date for the optional | ||||||
| 17 | elementary unit district, the optional elementary unit | ||||||
| 18 | district is not eligible for any additional incentives due | ||||||
| 19 | to the elementary opt-in. | ||||||
| 20 | (2.5) Following the formation of a cooperative high school | ||||||
| 21 | by 2 or more school districts under Section 10-22.22c of this | ||||||
| 22 | Code, a supplementary State aid reimbursement shall be paid for | ||||||
| 23 | 3 school years to the cooperative high school equal to the sum | ||||||
| 24 | of $4,000 for each certified employee who is employed by the | ||||||
| 25 | cooperative high school on a full-time basis for the regular | ||||||
| 26 | term of any such school year. If a cooperative high school | ||||||
| |||||||
| |||||||
| 1 | results from multiple agreements that would otherwise qualify | ||||||
| 2 | the cooperative high school for multiple payments under this | ||||||
| 3 | Section in any year, the cooperative high school shall receive | ||||||
| 4 | a single payment for that year based solely on the most recent | ||||||
| 5 | agreement. | ||||||
| 6 | (2.10) Following the annexation of territory detached from
| ||||||
| 7 | another school district whereby the enrollment of the annexing
| ||||||
| 8 | district increases 90% or more as a result of the annexation, a
| ||||||
| 9 | supplementary State aid reimbursement shall be paid to the
| ||||||
| 10 | annexing district equal to the sum of $4,000 for each certified
| ||||||
| 11 | employee who is employed by the annexing district on a
| ||||||
| 12 | full-time basis and shall be calculated in accordance with
| ||||||
| 13 | subsection (a) of this Section. To be eligible for
| ||||||
| 14 | supplementary State aid reimbursement under this Section, the
| ||||||
| 15 | intergovernmental agreement to be submitted pursuant to
| ||||||
| 16 | Section 7-14A of this Code must show that certified staff
| ||||||
| 17 | members were transferred from the control of the district
| ||||||
| 18 | losing territory to the control of the district gaining
| ||||||
| 19 | territory in the annexation. The changes to this Section made
| ||||||
| 20 | by Public Act 95-707
are
intended to be retroactive and | ||||||
| 21 | applicable to any annexation
taking effect on or after July 1, | ||||||
| 22 | 2004. For annexations that are eligible for payments under this | ||||||
| 23 | paragraph (2.10) and that are effective on or after July 1, | ||||||
| 24 | 2004, but before January 11, 2008 (the effective date of Public | ||||||
| 25 | Act 95-707), the first required yearly payment under this | ||||||
| 26 | paragraph (2.10) shall be paid in the second fiscal year after | ||||||
| |||||||
| |||||||
| 1 | January 11, 2008 (the effective date of Public Act 95-707). Any | ||||||
| 2 | subsequent required yearly payments shall be paid in subsequent | ||||||
| 3 | fiscal years until the payment obligation under this paragraph | ||||||
| 4 | (2.10) is complete.
| ||||||
| 5 | (2.15)
Following the deactivation of a school facility in | ||||||
| 6 | accordance with Section 10-22.22b of this Code, a supplementary | ||||||
| 7 | State aid reimbursement shall be paid for the lesser of 3 | ||||||
| 8 | school years or the length of the deactivation agreement, | ||||||
| 9 | including any renewals of the original deactivation agreement, | ||||||
| 10 | to each receiving school district equal to the sum of $4,000 | ||||||
| 11 | for each certified employee who is employed by that receiving | ||||||
| 12 | district on a full-time basis for the regular term of any such | ||||||
| 13 | school year who was originally transferred to the control of | ||||||
| 14 | that receiving district as a result of the deactivation. | ||||||
| 15 | Receiving districts are eligible for payments under this | ||||||
| 16 | paragraph (2.15)
based on the certified employees transferred | ||||||
| 17 | to that receiving district as a result of the deactivation and | ||||||
| 18 | are not required to receive at least 30% of the deactivating | ||||||
| 19 | district's average daily attendance as required under | ||||||
| 20 | paragraph (1) of this subsection (d) to be eligible for | ||||||
| 21 | payments. | ||||||
| 22 | (3) The supplementary State aid reimbursement payable | ||||||
| 23 | under this subsection (d) shall be separate from and in | ||||||
| 24 | addition to all other payments made to the district pursuant to | ||||||
| 25 | any other Section of this Article. | ||||||
| 26 | (4) During May of each school year for which a | ||||||
| |||||||
| |||||||
| 1 | supplementary State aid reimbursement is to be paid to a new, | ||||||
| 2 | annexing, or receiving school district or cooperative high | ||||||
| 3 | school pursuant to this subsection (d), the school board or | ||||||
| 4 | governing board shall certify to the State Board of Education, | ||||||
| 5 | on forms furnished to the school board or governing board by | ||||||
| 6 | the State Board of Education for purposes of this subsection | ||||||
| 7 | (d), the number of certified employees for which the district | ||||||
| 8 | or cooperative high school is entitled to reimbursement under | ||||||
| 9 | this Section, together with the names, certificate numbers, and | ||||||
| 10 | positions held by the certified employees. | ||||||
| 11 | (5) Upon certification by the State Board of Education to | ||||||
| 12 | the State Comptroller of the amount of the supplementary State | ||||||
| 13 | aid reimbursement to which a school district or cooperative | ||||||
| 14 | high school is entitled under this subsection (d), the State | ||||||
| 15 | Comptroller shall draw his or her warrant upon the State | ||||||
| 16 | Treasurer for the payment thereof to the school district or | ||||||
| 17 | cooperative high school and shall promptly transmit the payment | ||||||
| 18 | to the school district or cooperative high school through the | ||||||
| 19 | appropriate school treasurer.
| ||||||
| 20 | (Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08; | ||||||
| 21 | 95-903, eff. 8-25-08; 96-328, eff. 8-11-09.)".
| ||||||
